Nature Conservation
From GPG
Contents |
Impact of CROW on Nature Conservation
The importance of biodiversity conservation is given a statutory basis under the Countryside and Rights of Way Act (CROW Act) requiring government departments to have regard for biodiversity in carrying out its functions, and to take positive steps to further the conservation of listed species and habitats.
The protection of Sites of Special Scientific Interest (SSSIs), already established in the Wildlife and Countryside Act, is strengthened giving greater power to Natural England to enter into management agreements, to refuse consent for damaging operations, and to take action where damage is being caused through neglect or inappropriate management.
Local Authorities have a statutory duty to further the conservation and enhancement of SSSIs both in carrying out their operations, and in exercising their decision making functions.
The CROW Act strengthens legal protection for threatened species and brings up to date the Wildlife and Countryside Act 1981. This assists in bringing offenders to justice, and provides for stronger penalties.
The CROW ACT also amended WCA81 to enable Public Path Orders to divert rights of way across SSSIs in the interests of nature conservation.
Hedgerows
The CROW Act amended the Wildlife and Countryside Act 1981 with regard to nesting birds. Overgrown hedges may encroach or obstruct public rights of way but are a vital habitat for wildlife so clear understanding of legislation affecting hedgerows and wildlife is essential when considering enforcement action.
Hedgerows are protected in Law by the Hedgerow Regulations 1997, and nesting birds are protected by the Wildlife & Countryside Act 1981.
It is an offence to recklessly or intentionally damage or destroy any wild bird nests while they are in use or being built. Birds often nest in hedges.
Cutting back a hedgerow at the wrong time of year could be regarded as being reckless thus putting the landowner at risk of prosecution. (It is important to note that highway authorities also own and manage land and clear communication with operational land management officers is as important as communicating with private landowners.)
To protect breeding birds and other wildlife it is good practice not to cut hedgerows between 1st March and 31st July. Preferably hedgerows should be cut between December and February.
With regard to the management of public rights of way and overgrown hedges, it is good practice not to enforce cutting back of hedges during the bird-nesting season (March to July). Some authorities will only enforce cutting back hedges from August to February.
Public rights of way maintenance adjacent to, along and across watercourses
Watercourses are an essential habitat and wildlife 'corridor' for many of our native fauna including: invertebrates (e.g. crayfish and dragonflies); birds (e.g. kingfisher and sand martin); and mammals (e.g. water voles and otters). Together with a well managed complex of flora the fresh-water ecosystem is not only of aesthetic benefit but also supports many additional terrestrial species and is of high biodiversity interest.
If in doubt, it is good practice to consult nature conservation officers prior to undertaking any public rights of way work near watercourses.
The list below indicates particular sensitivities.
| Species | Habitat | Sensitive months |
|---|---|---|
| Bats | trees and buildings | November - April |
| Crayfish | banks, burrows, rocks/stones, fallen debris, leaf litter & tree roots in and around streams and rivers | November - April |
| Watervoles | Burrows, banks, tree roots, surrounding vegetation in and around streams and rivers | April - October |
| Otters | Trees, root systems, dense vegetation in and around streams and rivers | All year |
| Birds | Banks and burrows by streams and rivers, shrubs and trees generally | March - August |
| Amphibians (frogs, toads, newts) | Ponds, lakes and other still water courses | February - June |
| Invertebrates | All areas | N/A - species specific |
| Flora | All areas | N/A - species specific |
Water Resources Act 1991 - any works within 8m of a main river bank or flood bank require formal consent from the Environment Agency (EA)
Land Drainage Act - consent is required for any works affecting the flow in watercourses which are not main rivers.
This docment Nature Conservation is based on a report produced in 1996 by the CSS Countryside Working Group (Wales). The text has been updated to reflect arrangements in England and to allow for the establishment of the National Assembly for Wales. References and contact information have also been updated. The section has also been affected by the Countryside and Rights of Way Act and changes have been made to reflect the primary legislation; however, readers are advised that further changes can be expected when the regulations become available.
The law
Though a range of European Community environmental policies and national legislation now exists, the most important national designations seeking to protect habitats remain national nature reserves and local nature reserves, under the National Parks and Access to the Countryside Act 1949, and sites of special scientific interest (SSSIs) under the Wildlife and Countryside Act 1981.
A close examination of the interaction of highway law and nature conservation is made in the document; however, an important 'conservation' principle is enshrined in the Countryside Act 1968 (s.11), which requires highway authorities to consider nature conservation in the exercise of all its functions. This important theme is often reflected in an authority's structure plan policies. Department of the Environment circular 2/93 and Welsh Office circular 5/93, Public Rights of Way, also reiterate the need to consider nature conservation. The Countryside and Rights of Way Act, 2000 has taken steps to reconcile public access with the interests of conservation, especially in relation to SSSIs and Areas of Outstanding Natural Beauty (AONBs).
Archaeology – heritage designations and public rights of way
A public right of way may cross the site of an ancient monument or listed building, or give access to such a feature. It may contain a listed bridge or may itself be an integral part of an ancient monument or historic landscape or be scheduled in its own right.
The aim of the document - Heritage designations and rights of way, which consists of an updated report originally written by the CSS Countryside Working Group (Wales), is to alert rights of way officers to the relevant legislation and the circumstances in which consent to carry out work to a right of way may be required.
